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Topic
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The unit I live in has a front garden that is on title. There is extensive fencing around the entire property that is being replaced due to dry rot.
I received an email from the EC Secretary advising that I would need to pay a portion for replacement of the side fence that separates my garden from the common property garden. I don't really understand why I have to pay this as the front fence and gate that leads to my garden is being paid for out of normal strata levies.
I would appreciate it if you could advise.
Many thanks
Wilana
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It sounds like there are two things: 1) a fence between your property and the common property. It might be reasonable for you and the OC as a whole to share the costs for that. 2) A separate issue seems to be a fence around the common property which would be a cost for the entire OC and consequently your contribution would be your fraction of the unit entitlements.
In our OC unit owners are permitted to have fences around their unit areas but it is not encouraged. In our case the unit owner pays for and maintains a fence on their unit boundary if they want to have one. We also have a fence along part of the overall property boundary. An allocation for occasional maintenance of that is included in our sinking fund plan.
Last year's memorandum on who is responsible for what says this:
[Fences], if they are shown as a thin, dotted or no line on the strata plan then they are treated in accordance with the Dividing Fences Act and are treated as follows.
i. Divides two lots. Each owner is responsible 50%/50%.
ii. Divides one lot from common property. Owner 50% and the OC 50%.
iii. Divides one lot from the adjoining property. Adjoining owner 50% and the OC 50%.
However, if the fence is shown as a thick black line on the strata plan, i.e. a boundary fence round common property, it's the OC's responsibility.
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So what is the situation when there is no fence, never has been, between a lot and the common property and the owner wants to erect a fence … is it 50-50 between the owner and the OC?
The conditions for the cost and maintenance of the fence would be laid out in the terms of the special resolution by-law required to approve the installation of the fence. Anything less than an agreement that all costs, now and future, were paid by the owner would be very dodgy (unless there was some material benefit to the OC). In fact the owner should be paying the OC for enhancing the value of their property at the expense of common property.
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Billen Ben said:
So what is the situation when there is no fence, never has been, between a lot and the common property and the owner wants to erect a fence … is it 50-50 between the owner and the OC?
In our OC established practice is that any owner wanting a fence pays for it themselves, can be approved by the EC if they consult with nearby units and abide with the limited range of styles that have been approved by general meetings. The OC derives no benefit from the fence and our development documents generally discourage them.